Changes of circumstances
Produced in partnership with Meghan Vozila of Penningtons Manches Cooper
Changes of circumstances

The following Immigration practice note Produced in partnership with Meghan Vozila of Penningtons Manches Cooper provides comprehensive and up to date legal information covering:

  • Changes of circumstances
  • Cancellation and curtailment of limited leave
  • Powers to vary, cancel and curtail leave
  • Leave granted under the Points-Based System—Tier 1 (Investor) and Tier 1 (Entrepreneur)
  • Leave granted under the Points-Based System—Tiers 2 and 5
  • Leave granted under the Points-Based System—Student or Child Student
  • Families
  • Allegations of domestic violence
  • Travel
  • Curtailment where a person ceases to meet the criteria of their immigration category
  • More...

Changes in a person’s circumstances:

  1. may lead to the cancellation or curtailment of their stay in the UK if they have limited leave to enter or remain

  2. need to be reported to the Home Office

The removal of a person's leave is termed 'cancellation' where this occurs at the port of entry or where a person is outside the UK, and 'curtailment' where they are in the UK.

Cancellation and curtailment of limited leave

Powers to vary, cancel and curtail leave

The Home Office has wide powers to vary a person’s limited leave to enter or remain including the power to cancel or curtail that leave. There is no right of appeal against any curtailment decision where the Immigration Act 2014 appeals regime applies. For further information, see Practice Note: Dealing with curtailment and cancellation.

Non-lapsing leave can be cancelled when a person is outside the UK.

To assess whether any grounds of curtailment apply, the Home Office may request that a person with limited leave provide additional information and evidence (within 28 days of the request) and/or to attend an interview. If the person does not respond to the request and does not have reasonable explanation for this, their leave may be curtailed.

There are a number of grounds on which a person’s limited leave can be cancelled or curtailed. However, the standard general ground that may apply if a

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